Worth a read. The federal government’s attorney’s representations about tribal criminal jurisdiction and tribal prerogatives are . . . interesting.
Here is the transcript in Gamble v. United States.
The docket page is here.
The NWIRC and NCAI brief is here: NIWRC Amicus Brief
ABA’s Native American Resources Committee is sponsoring a webinar on tribal climate change plans. Find more information here.
The Association on American Indian Affairs together with Tribal Nations, Tribal organizations, and other institutions have released this press statement to educate the public, collectors and auction houses about how Native American sacred and cultural patrimony, as well as our ancestors remains and belongings are not “art” items for sale, but living parts of our continuing cultures. Rather, we encourage buyers to invest in contemporary Native American artists and their works.
https://www.indian-affairs.org/private-collections-and-sales.html
Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:
Here is the government’s brief in the Osage Wind matter:
As always, press statements are collected here. Legal documents here.
Partnership for Native Children
The Partnership for Native Children supports the decision by the Fifth Circuit Court of Appeals to stay the decision of Judge Reed O’Connor of the Northern District of Texas in Texas v Zinke. In erroneously declaring the Indian Child Welfare Act of 1978 (ICWA) unconstitutional, O’Connor’s decision remains a legal anomaly that disregards legal precedent. Multiple decisions have repeatedly affirmed the political relationship between Indian tribes and the U.S. government and rejected race-based arguments like the one erroneously embraced by O’Connor in this case.
To meet the factors to be granted a stay pending appeal, the tribal appellants addressed: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantively injure the other parties interested in the proceeding; and (4) [whether] public interest [favors a stay].
From our respective years of experience serving Native children and families in child welfare proceedings, we ardently agree with the appellants’ assertion that, without this stay, “the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, ‘[t]he inevitable disruption that would arise from a lack of continuity and stability in this important area of the law’ will harm the parties and ‘the public interest at large.’”
The American Indian Law Center, Inc. and the Native American Pipeline to Law Initiative are pleased to announce that registration is open for our Pre-Law Advisors Training. This training is designed for advisors to Native American pre-law students.
Pathways to the Legal Profession: Identifying, Advising, and Supporting Native American Pre-Law Students
February 5-6, 2019
Isleta Resort and Casino, Pueblo of Isleta, New Mexico.
Topics include:
The registration fee is waived for representatives from Tribal Education Departments, Tribal Colleges and Universities, and schools with Native American student enrollment. A limited number of travel reimbursements are also available. Details on the reimbursement, lodging, and the schedule are provided on the registration webpage.
https://www.ailc-inc.org/registration/
Please email Rodina Cave Parnall, Pre-Law Summer Institute Director, with questions. caveparnall@law.unm.edu
Joint Tribal Statement re Fifth Circuit Stay 12.3.18
We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse and forced separation from their families.
As a result, tribal families and their children in Texas and Indiana will continue to be protected from the types of abusive child welfare practices that Congress outlawed 40 years ago when it enacted ICWA.
By granting the stay, the protections provided by ICWA will remain in full force pending an appeal of the ruling handed down in October by a federal judge in the Northern District of Texas.
The Cherokee Nation, the Morongo Band of Mission Indians, the Oneida Nation and the Quinault Indian Nation will continue to defend Native children and Native families by advocating for the constitutionality of ICWA by all available means. We strongly believe the ruling holding the Indian Child Welfare Act is unconstitutional was wrong, will ultimately be reversed on appeal, and as a result, the rights of Indian children, families and communities protected by the Indian Child Welfare Act will be affirmed and reinforced.
This is a one-day CLE conference on Hot Topics in Navajo Law, as a “last chance” for CLEs, hosted by The Navajo Nation Bar Association.
Turtle Talk 
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